Michigan Legalization - General Discussion Latest Topicshttps://www.michiganmedicalmarijuana.org/forum/152-michigan-legalization-general-discussion/Michigan Legalization - General Discussion Latest TopicsenHemp Legalization Is In The Final Farm Billhttps://www.michiganmedicalmarijuana.org/topic/53175-hemp-legalization-is-in-the-final-farm-bill/The 2018 Farm Bill will include a provision to legalize industrial hemp, Senate Majority Leader Mitch McConnell (R-KY) and the top Republican and Democrat on the House Agriculture Committee confirmed on Thursday.

Thanks for your hard work, @SenPatRoberts, for our farmers, rural communities and all Americans. Pleased that my provision to legalize industrial hemp is included in the Farm Bill. https://t.co/FSLY3CugIN

Lawmakers in the Senate and House Agriculture Committees announced that they’d reached an agreement in principle on the large-scale food and agriculture policy legislation and were in the process of finalizing “legal and report language.” But while there’s still “more work to do,” it seems that hemp legalization made the cut.

The Congressional Budget Office is currently scoring the bill. Once that’s complete and language is officially filed, the Farm Bill will be teed up for up-or-down votes in both chambers of Congress and, pending approval, sent to the president’s desk. Lawmakers are hoping to pass the bill before the end of the year.

Hemp would be defined as all parts of the plant—including seeds and extracts—as long as they contain less than 0.3 percent THC, according to VoteHemp.The crop would also be entirely removed from the Controlled Substances Act under the legislation.

States that want to be primary regulators are required to submit applications outlining their regulatory plan to the USDA, which will have 60 days to make a decision.

When Congress passed the Farm Bill of 2014, it included Sec. 7606 authorizing state regulated research pilot programs with hemp. That program has been a huge success growing to include over 3,500 licensed participants who planted more than 77,000 acres in 2018. At the same time, the U.S. market for hemp products has grown to more than $800 million as of 2017. However, hemp pilot program regulations are burdensome and are made even more challenging by heavy handed Drug Enforcement Administration oversight. Vote Hemp, along with thousands of businesses and advocates, have been pushing for commercial hemp farming legislation and removal of roadblocks to the growth of the U.S. hemp industry.

Congress has been negotiating a new Farm Bill and is once again considering federal policy regarding hemp thanks to leadership from Senator McConnell (R-KY) and Senator Wyden (D-OR). The House and Senate each passed their versions of the bill and the Senate version included language from the Hemp Farming Act of 2018 that removes hemp from the Controlled Substances Act and allows farmers to grow hemp commercially under a state or federal license.

What will the new Farm Bill hemp law do?

Define industrial hemp broadly to cover all parts of the Cannabis plant including seeds, derivatives, extracts, cannabinoids etc as long as it has a THC level of 0.3% or less

Include native American tribes which were not explicitly included in Sec. 7606 of the 2014 Farm Bill

Authorize and fund hemp research as part of the Supplemental and Alternative Crops program and the Critical Agricultural Materials Act

Authorize federal crop insurance for hemp

Require USDA to develop federal regulations for hemp farming that may be used in states that choose not to be the primary regulator

Require states wishing to have primary regulatory authority to submit a plan for regulation to USDA that meets minimum requirements

Repeals Sec. 7606 hemp research program 1 year after USDA establishes federal regulations for hemp farming

Require USDA to conduct a study of state hemp agricultural pilot programs

If the Farm Bill is signed into law before the end of 2018, it will go into effect beginning on January 1, 2019. However, it will take time for the new law to be implemented. In states where hemp is legal, state departments of agriculture will need to submit regulatory plans to USDA for approval.

There are a few minimum requirements that a state plan must have:

a practice to maintain relevant information regarding land on which hemp is produced, including a legal description of the land

a procedure for testing the crop

a procedure for conducting annual inspection (limited to one per year)

a procedure for the effective disposal of products that are produced in violation

a procedure to comply with the enforcement procedures

a certification that the State or Indian tribe has the resources and personnel to carry out the requirements

What about hemp extracts containing CBD?
The Farm Bill removes hemp completely from the CSA. It makes is 100% clear that cannabinoids are included so hemp derived CBD will not be a controlled substance. The bill does not change requirements of the Federal Food, Drug, and Cosmetic Act so producers are still subject to FDA regulations. The FDA has stated in an FAQ that it is their current opinion that CBD may not be sold as a dietary supplement but they have not said that whole plant hemp extracts are covered. Their logic is that a previous application for the drug Epidiolex prohibits the sale of the same substance as a dietary supplement. But Epidiolex is pure CBD and is not the same as a whole plant hemp extract. The industry does not agree with FDAs stance on CBD and there will likely be further developments on this.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53175Thu, 29 Nov 2018 19:34:41 +0000Recreational vs. Medical?https://www.michiganmedicalmarijuana.org/topic/53538-recreational-vs-medical/
Just before the voting last year I got a call from my mmj doc; $150.00. Now that recreational is legal and my card is about to expire I am seriously considering not renewing... then my doc called; another $150.00. I’m wondering if someone has put together a document that clearly outlines MMJ vs. Recreational and what each means, what changes, etc. Just looking for all the info in one place, if that exists. Thanks
]]>53538Mon, 22 Apr 2019 15:00:08 +0000Any cartridge recommendations?https://www.michiganmedicalmarijuana.org/topic/53442-any-cartridge-recommendations/
Anyone have any favorite prefilled cartridges? (My syringe filling days are over!)

My old fav, Midknight Express, clogs too much once they moved to 1 gm carts. Owner said this can happen because it is pure cannabis oil without any additives and to warm them up when this happens, but it's still a problem. Also there are recent accusations on Weedmaps regarding pesticides (one person even claims that MKX photoshopped lab results) but I don't know if I can trust those reviews since googling turns up no tests at all. But mentioning it anyway.

Had a bad experience with Olympian carts failing.

Platinum vapes - didn't like the taste. Same for FlavRx.

The Clear was crap.

Have tried a number of others as well.

I don't want anything that is cut with PG, or has flavorings added (even "natural terpenes" that some claim).

A mid-Michigan medical marijuana cultivator plans to open 19 provisioning centers throughout the state.

The news comes as Green Peak Innovations LLC closes a more than $30 million debt round. The money borrowed will position the company to make its expansion into the burgeoning marijuana retail business in Michigan, according to a news release.

"Significant demand resulted in exceeding our planned funding goal in record time," CEO Jeff Radway said in a statement. "Our first priority is to solidify our position as the state’s premier cannabis company that supplies Michiganders with the safest, highest quality products."

Radway added that Green Peak hopes to take its business model to other states. Green Peak expects to open the first of its Skymint-branded dispensaries in the next few months.

The company has a 60,000-square-foot growing facility at its headquarters in Windsor Township in the Harvest Park development at 6333 Lansing Road, and has plans to expand its footprint up to two times. it also has a research and development facility at 1669 E. Jolly Road.

The company is one of the largest owners of medical marijuana licenses from the Michigan Licensing and Regulatory Affairs Department. It has 12 Class C cultivator licenses, which each allow Green Peak to grow up to 1,500 plants, according to the department's website. It also has a processor license. The company says it has 19 pre-qualified provisioning center licenses, as well.

Green Peak's announcement comes as the Michigan medical marijuana industry has faced challenges with meeting patient demand. Many dispensaries are relying on caregivers to supply them withproductwhile they await the cultivators' crop to mature.

So is the state removing the 3% excise tax and then adding a new 10% excise tax?

Read the bulletin a couple times and I am confused.

]]>53391Tue, 05 Feb 2019 15:34:50 +0000Dispensary Discussionhttps://www.michiganmedicalmarijuana.org/topic/53293-dispensary-discussion/
I don't see much discussion about specific MI dispensaries on this site. Is it OK to do so for - eg recommendations - or should I rely on weedmaps & leafly (& increasingly google)?
]]>53293Thu, 10 Jan 2019 15:17:52 +0000How michigan used sick people to profit and sway the vote then dumped them into oblivionhttps://www.michiganmedicalmarijuana.org/topic/53297-how-michigan-used-sick-people-to-profit-and-sway-the-vote-then-dumped-them-into-oblivion/
I'm going to leave this here for y'all to mull over. Good luck with all your future diseases. Peace.
]]>53297Fri, 11 Jan 2019 02:36:16 +0000Study: more than half of MI medical marijuana users drive while highhttps://www.michiganmedicalmarijuana.org/topic/53292-study-more-than-half-of-mi-medical-marijuana-users-drive-while-high/
U of M study, which surveyed 790 of the state's medical marijuana patients:

56 percent reported driving within two hours of using marijuana.
51 percent aid they drove while a "little high."
21 percent reported driving while "very high."

It has some pretty interesting numbers in terms of frequency of use, etc.

Important note: the study adds nothing new to the question of how to quantify impairment with DUIC (driving under the influence of cannabis).

]]>53292Thu, 10 Jan 2019 13:47:14 +000012 plants per household or per individual?https://www.michiganmedicalmarijuana.org/topic/53284-12-plants-per-household-or-per-individual/
Hello! Quick question regarding legal plant growing! With the NEW law that was just passed. we can grow 12 plants! I WAS TOLD that it was 12 plants PER household??? Is that true? What if a husband and wife BOTH want to grow? Is every person in the house allowed to grow 12 plants? Or is it just 12 plants per house? thanks!
]]>53284Thu, 03 Jan 2019 18:11:00 +0000https://www.michiganmedicalmarijuana.org/topic/53239-recreational-growing-houseplants/
Help me out here.

Per the 2008 act, a medicinal grow has to be in an "enclosed, locked facility".

But Prop 1 (recreational) says nothing about the 12-plant home grower regarding such a restriction. Indeed the only mention of locks is in conjunction with a) outside grows and b) if you store more than 2.5 ounces.

]]>53207Thu, 06 Dec 2018 17:54:16 +000020 Questions and Answers for Michigan Adult Recreational Use of Marijuanahttps://www.michiganmedicalmarijuana.org/topic/53201-20-questions-and-answers-for-michigan-adult-recreational-use-of-marijuana/The new Legalization law is for adults 21+, just like alcohol is for adults 21+ in Michigan. Treat marijuana like alcohol, by locking it up at home, not consuming it in public or in cars, not possessing it on school grounds and not giving it to people under 21.

If you have any questions or wish to get into the cannabis business industry, call my office to get started or we can also consult existing businesses to maximize profits and minimize risk 800-656-3557.

Note that the following is not legal advice, just common sense plain readings of the law. If you want legal advice on the new law, please call our office to schedule an appointment.

The Court of Appeals had made absurd results of plain readings of the MMMA law for years until the bad case law opinions were reversed by the Michigan Supreme Court. To err on the side of judiciary absurdity, we will be going with the most conservative reading in order to maximize your protections.

Said another way, “Don’t be the first person to end up in court testing the limits of the laws.”

What are the rules for driving/transporting legal marijuana?

An adult 21+ can transport 2.5 ounces of marijuana in public or in a car, but not on the “grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility” (prison, court?, jail).

Do the 2.5 ounces have to be dried? Wet?

There is no requirement in the act for the marijuana to be dried or wet. The MRTMA law has no difference between wet and dry marijuana weight either.

Prosecutors and Courts have gone to absurd results at the “usable marihuana” language in the MMMA. Using technical violations and wording logic, prosecutors have instructed police to arrest patients and caregivers, instead of giving them protections from the law. It remains to be seen what will happen in the future with the new MRTMA law.

What about transporting plants / clones?

The law is silent on this issue. However section 17 states “This act shall be broadly construed to accomplish its intent as stated in section 2 of this act.”

While section 2 states “Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older.” and “The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older”

What this means is that, hopefully, police and prosecutors will not bother adults 21+ who transport their 12 clones or seedlings around. But to be safe, you should consider transporting only seeds until the police, attorney general and prosecutors settle down. Will there be a fight or is marijuana legal legal? After seeing the fight against Medical Marijuana for the last 10 years, it is difficult to say.

I am a MMMA Patient and Caregiver, can I grow my 12 plants in the MMMA with my 12 plants in the new MRTMA law?

To be safe, you should either stick to the MMMA or the MRTMA law and not try to combine them until the new Attorney General and courts have made some opinions on it.

I am a patient, should I keep my card or use MRTMA protections instead?

The MMMA has 10 years of case law and absolute immunities upheld by the Michigan Supreme Court. MRTMA does not. While the language in MRTMA mirrors or is very similar to the MMMA, we cannot predict the future.

MMMA and MMFLA provisioning centers are open right now to sell marihuana to patients and caregivers. MRTMA businesses are not open and will not be open for at least 1 year.

This means that as a patient, you have the ability to buy from a provisioning center now, whereas an adult 21+ does not have that ability.

Also, caregivers are allowed to sell to their registered connected patients. Caregivers are not allowed to sell to adults 21+. This means as an adult 21+ you cannot get marihuana from a caregiver either.

A patient card will increase your ability to acquire marihuana, for at least the next year.

As an adult 21+, I can grow 12 plants?

Yes, per house can only have 12 plants. So if you have 4 adults 21+ at one house, you can still only have 12 plants at that house.

What are the rules on growing 12 plants?

Within the person’s residence … cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once.

Remember the laws are for personal use of marijuana, you are not growing for others.

You must not allow the public to see your plants, or drying / curing buds, or you trimming plants.

This act does not allow “Cultivating (propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means) marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids.”

This means you should use crop cloth or privacy screen to make sure no one can see your plants growing, if outdoors.

Drying, curing, trimming, harvesting, growing or breeding plants must be done inside “an enclosed area equipped with locks or other functioning security devices that restrict access to the area”.

How much marijuana am I allowed to keep at home?

2.5 ounces of marijuana unlocked and “excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.”

Possibly, “excess marihuana” is “not more than 10 ounces of marihuana”. “excess marihuana” could be marijuana gifted by other adults 21+ or bought in MRTMA stores (not yet operational).

AND you are allowed to keep all marihuana produced by your 12 plants on your premises.

“any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;”

BUT “not more than 15 grams of marihuana may be in the form of marihuana concentrate”. “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis.

“Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:

(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;

(2) industrial hemp; or

(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.

Will this MRTMA legalization law affect the MMMA?

No. the MRTMA law specifically says:

“This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.”

Where can I smoke marijuana?

I can give marijuana to my friend?

Gifting of marijuana to other adults 12+ is allowed.

Adults 21+ can legally “giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.”

Can my friend help me grow or trim my plants?

Adults 21+ can help other adults 21+ to grow, process, transport, possess, use, trim, extract or other conduct allowed in Section 5.

Sec 5.1 c “assisting another person who is 21 years of age or older in any of the acts described in this section”

Can I use butane to make extracts or wax?

MRTMA bans butane extractions in the “curtilage of any residential structure”.

Sec 4.1 (d) “separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure”

I have a past conviction for marijuana, can I have my record expunged?

Yes! Even the new incoming governor has said she wants to expunge past marijuana convictions. Call my office today to get prepared and started for when the official expungements begin. 800-656-3557

I want to get a microbusiness license. What are the requirements?

The requirements for licensing have not yet been determined by the department. Since MRTMA was based on MMFLA language, it is speculated that the MMFLA rules will be used.

I am a landlord and do not want my renters smoking marijuana.

The MRTMA law allows you to prohibit smoking of marijuana in your property. “This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.”

My city banned marijuana businesses, the closest location would be 50 miles from me!

Sec 6.1 says in part “Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.”

Can I take or mail my cannabis to Canada, from Canada, or to or from other states?

No, you really should not. The border crossing area to Canada is federal land and there are currently no protections for recreational marijuana laws in federal law. There is some MMMA protection in the DOJ appropriations blocking the Department of Justice from using funds against state-legal compliant medical marijuana patients.

If you are travelling to another medical or recreational marijuana state, just buy it there. No reason to make a federal case out of it.

Is it ok to leave my cannabis unlocked in my house?

Remember, if a person under 21 can access your marijuana, under current drug case law, he constructively possesses the drug. Which could land that young person in trouble with the law. If you have family in your house, make sure to lock up your marijuana and keep the key or combo to yourself.

What about my 2nd amendment right to own a firearm? Can I also possess marijuana?

The federal government has issued various open letters against people owning firearms with medical marijuana. This also applies to recreational and legalization of marijuana. The senate and house have introduced bills to make this not apply in legal states, however the bills have not been voted on yet.

May I purchase a gun if I am a medical marijuana patient in the database?

The medical marijuana authorization database is in no way connected to any other system and does not affect your right to purchase or carry a gun. However, under federal law, marijuana possession is illegal for both recreational and medical use. The federal law affects gun ownership. It is unlawful for a firearms dealer to sell or give a gun to a person who uses or is addicted to a controlled substance that is illegal under federal law.

Bonus Content

All of Michigan falls within the 100 mile international border area, does this mean federal agents can arrest me for possession and or cultivation?

Yes unfortunately. Again, having a patient card will protect you as long as the appropriation rider congress renews is in effect.

What about hemp?

Dec 6th, growing industrial hemp will be legal. LARA shall issue rules and regulations related to the growing and processing of industrial hemp. In order to stay legal and safe, it is advised to use the best practices utilized in other states hemp laws; Including using a known hemp seed source.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

A bill to amend 2018 IL 1, entitled“Michigan Regulation and Taxation of Marihuana Act,”by amending the title and sections 1, 2, 3, 4, 5, and 15 (MCL333.28101, 333.28102, 333.28103, 333.28104, 333.28105, and333.28115), and by adding sections 201, 205, 206, 207, 208, 301,302, 303, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501,502, 503, 504, 505, 601, 602, 603, 604, 701, 702, and 801; and torepeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of ageor older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; Read more of what’s crossed out here 2018-SIB-1243 after you finish reading below.

Note: Most likely this will not happen (now) because it would need a large percentage of the vote and I would assume that many of our still being paid politicians are too busy looking for a new job during the lame duck layover to really care. One would think Arlan Meekhof had this ready to throw into the arena some time before the election.

A concurrent resolution of tribute offered as a memorial for Stephen V. Monsma, former member of the Michigan House of Representatives and the Michigan Senate. Last Action: 03/22/2017 – REFERRED TO SECRETARY FOR RECORD

A concurrent resolution of tribute offered as a memorial for Vernon J. Ehlers, former member of the Michigan House of Representatives and Senate and the United States House of Representatives. Last Action: 09/26/2017 – REFERRED TO SECRETARY FOR RECORD

A concurrent resolution of tribute offered as a memorial for Raymond D. Dzendzel, former member of the House of Representatives and the Senate. Last Action: 06/12/2018 – REFERRED TO SECRETARY FOR RECORD

A concurrent resolution of tribute offered as a memorial for Patricia L. Birkholz, former member of the House of Representatives and the Senate. Last Action: 09/25/2018 – REFERRED TO SECRETARY FOR RECORD

A resolution to recognize the 70th anniversary of Israel’s establishment and reaffirm the bonds of friendship and cooperation between the United States, Michigan, and Israel.Last Action: 04/19/2018 – ADOPTED

“I have been a vocal advocate for adopting and amending the petition to legalize recreational marijuana in Michigan. The petition was orchestrated by a well-funded group that chose to bring the question of legalized marijuana before the legislature via the citizens’ initiative process. This was not a question of whether or not to support legalized marijuana. Adoption of this petition was a choice to fulfill our obligations as leaders in our communities and control the impact of recreational marijuana on our state. The choice to adopt and amend was the most responsible way to ensure local control for our communities and safety for our citizens and the Senate Republican Majority was prepared to act. Despite significant efforts to communicate the benefits of ‘adopt and amend’ to our counterparts, support did not materialize in the House. I am disappointed by this missed opportunity.”

Read more of what’s crossed out here 2018-SIB-1243 to ban home growing and screw up the tax purposes

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53179Fri, 30 Nov 2018 17:58:36 +0000What will be the difference in amounts we can possess medically vs recreationallyhttps://www.michiganmedicalmarijuana.org/topic/53164-what-will-be-the-difference-in-amounts-we-can-possess-medically-vs-recreationally/
And will there be thc restrictions like in Colorado for recreational and no restrictions for medical?

I'm trying to find out if keeping my card valid is worth it.

]]>53164Tue, 27 Nov 2018 20:37:52 +0000Out of a job - drug sniffing police dogs!https://www.michiganmedicalmarijuana.org/topic/53159-out-of-a-job-drug-sniffing-police-dogs/Drug-sniffing dogs that are trained to detect marijuana are complicating searches where pot has been legalized. That’s forcing some into early retirement.

Quote

“A dog can’t tell you, ‘Hey, I smell marijuana’ or ‘I smell meth,’” said Tommy Klein, Rifle’s police chief. “They have the same behavior for any drug that they’ve been trained on. If Tulo were to alert on a car, we no longer have probable cause for a search based on his alert alone.”

Older canine workers across the country — and 14 narcotics dogs in Canada, where retail marijuana sales began last month — are being eased out of the labor force. When the Police Department in Winnipeg, Manitoba, went shopping this year for a pup, the Belgian Malinois they chose, named Ivy, arrived with a more modern advantage: She has no reaction to marijuana.

In many places that have legalized the drug, including California, Oregon, Maine and Vermont, most new recruits are, like Ivy, no longer being trained to sniff out pot. And even departments in states where marijuana remains verboten are hedging their bets.

“I just did a dog for a department in Texas that asked me not to put marijuana on her,” said Ron Cloward, the owner of Top Dog Police K-9 Training and Consulting in Modesto, Calif. “They had the feeling there could be some changes coming there, and they wanted to plan ahead.”

In Colorado, an appeals court ruling last year helped hasten Tulo’s retirement. Kilo, a drug-detection dog in rural Moffat County, flagged a man’s truck for containing contraband. When officers searched it, they found a pipe with what appeared to be methamphetamine residue.

The Bureau of Medical Marihuana Regulation (BMMR) enforces the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA).

Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department.

For the purposes of maximum THC levels for marihuana-infused products, the department published a list of maximum THC concentration and serving limits.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

Enter Israeli startup Otorize, which has developed an app that can identify when someone is high in just a few seconds, before they get behind the wheel and put their loved ones at risk, as well as other drivers and pedestrians. Moreover, the company says its app does not require a physical test, and identifies any kind of cognitive impairment, whether stemming from cannabis, alcohol, drugs, or medication.

Okay, so it's like this. It may just be because I am retarded, but I cannot find any discussion of how the passage of the new law will impact patients. Long and short, what does this mean?

Will medical grade cannabis continue to be available? Do we still need a card, and if so, why? I mean, I know why we needed a card before, but now that it's legalized for recreational use I'm hardly inclined to pay money I don't have for a card I no longer need. What's the practical payoff of renewing my card versus the penalty (in practical terms) of not renewing?

This legislation was passed in 2008 allowing for individuals and their assigned card carrying caregivers to grow and possess marijuana in limited quantities, as long as they had a prescription from a doctor.

The legislation left a lot of items open for interpretation, creating many gray areas and legal misinterpretations that were twisted to the advantage of one party over another. Gray areas like this got many people in legal trouble, even when they were trying to operate within the rules.

To date, dispensaries have typically been operating outside of this law. Some municipalities have shut down dispensaries while others have allowed them to operate. The MMMA says it allows for caregivers to receive compensation for their expenses in growing and creating medicine.

Arrested for or Charged with DUI or driving under the influence of “drugs”?…Don’t Plea Out – Contact Komorn Law 800-656-3557.

Michigan Marihuana Facilities Licensing Act (MMFLA)

The MMFLA was passed in 2016 in an attempt to provide the state with legal framework for marijuana businesses to operate.

By applying for a permit with the local municipality, and then applying for and getting approved for a license with the state, approved businesses will be allowed to operate under rules that the state has been evolving.

These businesses will operate under restrictive state regulations. There will be several requirements like reporting every purchase and sale to the state, undergoing extensive background searches, and following specific packaging standards. There is also a substantial application process involved in this model, along with annual fees and many other requirements.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53146Mon, 19 Nov 2018 20:55:49 +0000Michigan Regulation and Taxation of Marihuana Act-Sec 7 The department is responsible for implementing this acthttps://www.michiganmedicalmarijuana.org/topic/53144-michigan-regulation-and-taxation-of-marihuana-act-sec-7-the-department-is-responsible-for-implementing-this-act/The people of the State of Michigan enact:

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

INITIATION OF LEGISLATION

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act.

Sec 7. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana.

Sec. 7. 1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include:

(a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act;

(b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant;

(c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license;

(d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act;

(e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and

(f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act.

(a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license;

(b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee;

(c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor;

(d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana;

(e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label;

(f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses;

(g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees;

(h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced;

(i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments;

(j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and

(k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license.

2. In furtherance of the intent of this act, the department may promulgate rules to:

(a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or

(a) establishes a limit on the number of any type of state licenses that may be granted;

(b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer’s age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction;

(c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53144Sun, 18 Nov 2018 16:49:47 +0000Michigan Regulation and Taxation of Marihuana Act-Sec 6 Municipalities may completely prohibit or limit the number of marihuana establishmentshttps://www.michiganmedicalmarijuana.org/topic/53143-michigan-regulation-and-taxation-of-marihuana-act-sec-6-municipalities-may-completely-prohibit-or-limit-the-number-of-marihuana-establishments/Sec 6 Municipalities may completely prohibit or limit the number of marihuana establishments

The people of the State of Michigan enact:

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

INITIATION OF LEGISLATION

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act.

Sec. 6 Municipalities may completely prohibit or limit the number of marihuana establishments

Sec. 6. 1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.

2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that:

(b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories;

(c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and

(d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500.

3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department.

4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.

5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53143Sun, 18 Nov 2018 15:27:31 +0000Michigan Regulation and Taxation of Marihuana Act-Section 5 All other laws inconsistent with this act do not applyhttps://www.michiganmedicalmarijuana.org/topic/53142-michigan-regulation-and-taxation-of-marihuana-act-section-5-all-other-laws-inconsistent-with-this-act-do-not-apply/The people of the State of Michigan enact:

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

INITIATION OF LEGISLATION

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act.

Sec 5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.

Sec. 5. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:

(a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;

(b) within the person’s residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;

(c) assisting another person who is 21 years of age or older in any of the acts described in this section; and

(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.

2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege.

3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.

]]>53142Sun, 18 Nov 2018 14:56:27 +0000Michigan Regulation and Taxation of Marihuana Act-Section 4 This act does not authorizehttps://www.michiganmedicalmarijuana.org/topic/53141-michigan-regulation-and-taxation-of-marihuana-act-section-4-this-act-does-not-authorize/The people of the State of Michigan enact:

This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.

INITIATION OF LEGISLATION

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act.

Sec. 4. 1. This act does not authorize:

Sec. 4. 1. This act does not authorize:

(a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;

(b) transfer of marihuana or marihuana accessories to a person under the age of 21;

(c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;

(d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;

(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;

(h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or

(i) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.

2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.

3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer’s property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy or because that person was working while under the influence of marihuana.

4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.

5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.

If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.